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REQUEST FOR COUNCIL ACTION Date: 18 Au ust 2009 Item No. ,� Department Approval: Administrator Approval: Agenda Section: Name & Title: Melanie Curtis, Planning & Zoning Coordinator �(J Christine Mattson, Planning Assistant Item Description: Gary Frazier—4555 Spruce Way— Level 2 Home Occupation License Review— Public Hearing Zoning District: RR-1A, One Family Rural Residential Lot Area: 10.0 Acres List of Exhibits: Exhibit A- Home Occupation Application � Exhibit B - Site Layout ! ��>� ��p,,�1 Exhibit C - Property Owner List . ! �Y�" Exhibit D - Area Map � �� Application Summary The Applicant, Gary Frazier, is the owner of Express Delive .,�, a home based courier business consisting of two straight trucks, driven by the owner:.,�ccupants of the property. Frazier appeared before the Council in July of 2009 to appeal staff interpretation of the home occupation as a prohibited home occupation. At that time the Council directed Frazier to apply for a Level 2 Home Occupation License. Frazier indicated to the Council and within the license application that he intends to park the two trucks between the home and the existing pole shed out of view from neighboring properties. The intent is to park the trucks inside the shed within the next year. Frazier reports that they do not receive deliveries at the property and the trucks each leave the site and return once per day. Conformance with the Home Occupation License Requirements According to City Code, Level 2 home occupations may include but are not strictly limited to: 1. Those with employed persons other than occupants of the dwelling. The applicant has one employee who a/so resides at the address. 2. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. The currently applicant parks the business vehicles in the open. It is noted that the intent is to move the vehicles inside the pole building within the next year. 3. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside. The applicant's business involves the use of commercial or nonpassenger vehicles. 4. Those which do not meet one or more of the specified performance standards. The applicants'business does not meet one or more of the performance standards within Section 78-1376(d). 1